I read the wire story, and they're suing over the little kid that was singing with the head phones on....I am astonished that the agency or Apple or somebody didn't get clearance...<br><br>Eminem's Publisher Sues Apple Over Song<br>2/24/2004 5:06:00 AM<br><br>DETROIT, Feb 24, 2004 (AP Online via COMTEX) -- Rapper Eminem's music publisher is suing Apple Computer Inc., claiming the company used one of the hip-hop superstar's songs in a television advertisement without permission.<br><br>Eight Mile Style filed the copyright infringement suit late last week against Apple, Viacom Inc., its MTV subsidiary and the TBWA/Chiat/Day advertising agency.<br><br>At issue is an ad for Apple's iTunes pay-per-download music software, in which a 10-year-old sings Eminem's "Lose Yourself." The suit claims the commercial aired on MTV beginning in July 2003 and ran numerous times for at least three months. It also appeared on Apple's Web site.<br><br>"Eminem has never nationally endorsed any commercial products and ... even if he were interested in endorsing a product, any endorsement deal would require a significant amount of money, possibly in excess of $10 million," according to the 15-page lawsuit filed Friday in U.S. District Court in Detroit.<br><br>The suit claims that Apple Computer CEO Steve Jobs personally called Joel Martin, manager of Eight Mile Style, and asked Martin and Eminem to "rethink their position" about using the Grammy-winning song.<br><br>Eminem responded by ending discussions with Apple, according to the suit.<br><br>Eminem, 31, whose legal name is Marshall Bruce Mathers III, grew up in Detroit and several of its blue-collar suburbs. He has sold more than 33 million records, according to industry estimates.<br><br>Copyright 2004 Associated Press, All rights reserved<br><br><br><br>[color:blue]Enjoy every sandwich</font color=blue>

"in excess of 10 million" - that tells you about his integrity right there. For him, it's all about the money. You would think that someone with his background would have a different perspective.<br><br>I never had any respect for Eminem.<br><br>Regardless, I'm not sure if he can win this case. Aren't record stores allowed to advertise and play clips of the music they sell? They didn't even play a clip - it was a cover.<br><br>

It's the publishing....<br><br>It would be the same if they got a cover band to sing 'Lose Yourself' in a Gillette razor commercial. <br><br>They just should have gotten clearance...everything is cleared these days...samples, songs used in commercials...all that stuff. My guess is the ad agency screwed the pooch here....not sure where the $10 million figure comes from, looks like a judge will have to decide.<br><br>Oddly enough, they probably would have gotten away with it if they had shown a picture of the album cover and said 'Eminem, Lose Yourself,' now for sale on the iTunes music store." Recorded works can be used in commercials to promote the sale of the recorded work. In this case, the iPod was the item being advertised. <br><br><br><br><br><br><br><br>[color:blue]Enjoy every sandwich</font color=blue>

Oh wow...didn't know that. I thought it was strictly an iPod ad. <br><br>In that case, if they were pushing his music on the iTunes store, then this really looks frivolous, especially considering Eminem makes money from Apple. <br><br><br><br>[color:blue]Enjoy every sandwich</font color=blue>

Macworld Daily News<br>Tuesday - February 24, 2004<br><br>Eminem sues Apple<br><br>By Macworld staff<br>Eminem is cleanin' out his closet, filing suit against Apple Computer and MTV over alleged misuse of one of his songs in an ad for the iTunes Music Store.<br><br>Eminem – real name Marshall Mathers and known too by the name Slim Shady – and representatives from the star's publishing company are suing Apple over the use of his "Lose Yourself" track. The ad featuring the track starred a ten-year old singing the song, and ran on MTV for three months beginning July 2003. The ad was also available on Apple's Web site.<br><br>The Detroit News states the lawsuit, filed in US District Court in Detroit claims: "Eminem has never nationally endorsed any commercial products and even if he were interested in endorsing a product, any endorsement deal would require a significant amount of money, possibly in excess of $10 million".<br><br>The report reveals that Apple CEO Steve Jobs personally contacted Joel Martin, manager of Eight Mile Style Music (publisher of Eminem's songs) to ask the company to "rethink" it's position regarding use of the track. Responding, Eminem told Apple to 'Lose Yourself', ending negotiations.<br><br>[color:red]Apple may face some mitigation in the courts, as it appears the track wasn't copyrighted until October 27, 2003, while the suit alleges the ad was screened earlier in the year.</font color=red><br>http://www.macworld.co.uk/news/top_news_item.cfm?NewsID=7994<br><br><br>'nother link<br>http://www.eonline.com/News/Items/0,1,13558,00.html<br>Eminem is the target of his own copyright claim after a California woman sued the rapper last fall alleging that he illegally sampled a section of music from her late husband's film score for his 1999 debut The Slim Shady LP.<br><br>Harlene Stein accused Marshall Mathers and his mentor Dr. Dre of swiping a 24-second instrumental cue, titled "Pigs Go Home," from her hubby Ronald Stein's composition for 1970's Getting Straight for Em's tune "Guilty Conscience" without paying her a dime.<br><br>And it's not the first time Em has been accused of losing himself in other people's music.<br><br>In April of 2002, French jazz artist Jacques Loussier filed a $10 million copyright-infringement suit against Eminem, claiming he stole parts of his tune, "Pulsion," for his violent tirade on the track "Kill You," off 2000's Grammy-winning album The Marshall Mathers LP.<br><br><br>hmmm...<br><br>

<blockquote><font size=1>In reply to:</font><hr><p>Actually, MacZ, the ad was to sell the song.<p><hr></blockquote><p>Actually, the song was used to promote the iTunes music service and the iPod, not the song. MZ was correct. On the other hand, you are not.<br><br>Do you need a link?<br><br>Moo?

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